Summary of Davey Tree Surgery Company - Decision After Reconsideration

Employer had a "normally unattended work location" [yard] where it
kept vehicles and tree trimming equipment a few months of the year. Employer
provided no sanitation facilities at the yard. There was a public rest stop
nearby that had toilet facilities but no washing facilities. Normally unattended
sites are excepted by section 3360 from the section 3364(a) requirement that
toilet facilities be provided only if employees have effective access to "nearby
toilet and washing facilities." Since the employees did not have that access
to washing facilities and Employer provided no toilets at the yard, the section
3364(a) general violation was upheld. A general violation of section 3400(f)
also was upheld because the bridge was closed, phone communication was unreliable
and the sufficiency of the work truck as a means of transporting a seriously
injured employee was questionable.